I don't think it has, I know an Australian woman in America doing just that as we speak. She moved over to be with her soul mate she met on the internet, moved over about 6 mths ago - I kid you not. She is also crossing the border into Canada although I'm not sure how long you can keep doing this for.
I know in one case it was easily done for about 4 years without any hassles from immigrations, it was never even questioned.
In the situation that I'm aware of, this guy met a woman while in college that was in the U.S. from somewhere in Europe, seems like it was Italy on a student visa. After college and said student visa expiring, she returned back to her home country. She stayed there for 3 weeks, came right back to the U.S. on a visitor's waiver and like clock work every 85ish or so days, she took a mini-vacation to Canada and re-entered.
They married at some point, I can't remember if it was while they were still in college or not, I know their child was born about 3 years before either of them graduated.
They actually hired an immigrations lawyer, and the lawyer told them "off the record, as a friend" how to do this while they waited out the process.
They did this for about 4 years before they managed to get her permanent status, around 2-years-ago.
There are more holes in so many of our laws, a hunk of Swiss cheese would be jealous.
The thing with the visa waiver, is that it clearly states for both Australia and the U.S. that while on it, you can't do anything that would allow for permanent residence, marriage being one of them.
That said, however, the fact they married in Australia, EB could have gone over on a visitor's waiver, they married on the condition they would be leaving Australia before the expiration of her trip.
This can be done, as I know a woman from another message board that did just this, albeit in New Zealand, but the laws between Australia and New Zealand regarding visitor's visas aren't that different.
After the marriage there, I can think of two things that could have been done.
1: They were honest and filed for a spousal visa from within Australia for AB and did it the "proper" way.
2: Upon leaving Australia, AB came over on a visitor's waiver.
2A: Filed to change visa status after arriving here.
2B: Worked the loopholes.
2C: Visa expired and over extended stay.
Even after 911, trust me, INS doesn't keep too close of tabs on people over staying their visa, unless there is a cause for concern.
Based from their arrival, a man with his young daughter, from an ally nation, would not necessarily trigger a threat to security.
All of the Mexicans, Jamaicans and Haitians that have over extended their stays on temporary work permits and visa waivers aren't a big enough threat that INS goes and rounds them up often.
If they did, Mississippi, Alabama, Georgia and Florida (that I can swear to,) wouldn't be as over run.
